Me. Rev. Stat. » Title 23
Maine Revised Statutes

Me. Rev. Stat. tit. 23, § 3102 (2026)

Commissioner's or board's duties; neglect of owners to pay

✓ current as of May 2026
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The commissioner or board chosen under section 3101, with respect to the private road, private way or bridge, has the powers of a road commissioner. If any owner, on requirement of the commissioner or board, neglects to furnish that owner's proportion of labor, materials or money, the same may be furnished by the other owners and recovered of the owner neglecting to pay in a civil action, together with costs of suit and reasonable attorney's fees. Such civil action may be brought in the name of and by the road association created pursuant to this subchapter and the decision to bring that civil action may be made by the commissioner or board or as otherwise provided for in the road association's bylaws. The commissioner's or board's apportioning of the cost of repairs to the road undertaken pursuant to the provisions of section 3101 may not exceed 1% of an individual owner's municipal property valuation in any calendar year.   [PL 2013, c. 198, §8 (AMD).]
SECTION HISTORY
PL 1997, c. 682, §2 (AMD). PL 1999, c. 552, §2 (AMD). PL 2007, c. 625, §2 (AMD). PL 2013, c. 198, §8 (AMD).
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Notes of Decisions
Cited in 3 cases, 2002–2014 · leading case: Victor Sunshine v. Stephen M. Brett, 2014 ME 146 (Me. 2014).
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Victor Sunshine v. Stephen M. Brett, 2014 ME 146 (Me. 2014). · cites it 2× “However, because 23 M.R.S.A. § 3102 (Supp. 2004) authorizes landowners to bring suit to enforce assessments, Sunshine has standing to sue in his individual capacity, as well as in his capacity as road commissioner.”
Tisdale v. Rawson, 2003 ME 68 (Me. 2003). “” See 23 M.R.S.A. § 3102 (Supp.2002). 5 Section 3103 grants a road commissioner broad assessment collection authority, and does not restrict a road commissioner from employing judicial process to collect properly assessed fees.”
Piney Heights Rd. Assoc. v. Rawson (Me. Super. Ct 2002). “The statute simply indicates under 23 M.R.S.A. § 3102 that if an owner, upon requirement of the road commissioner, neglects to pay their share, the other owners may meet the costs and the owners, or the commissioner, may initiate a civil action recovering those costs as well as…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.